1. The Client's Crisis

The client had maintained a marriage with her spouse for about 20 years and raised one son. Even during financially difficult times, the client protected the family by juggling weekend part-time work and administrative office duties, when one day the spouse's infidelity was discovered. A couple ring and a gift shopping bag from another woman were found in the spouse's car.

The spouse had been carrying on an improper relationship for years with the other woman he met at a high school alumni gathering. The relationship continued even during the time the client's son suffered serious injuries from school violence and was hospitalized. After the affair came to light, the spouse fell into self-loathing, ran away from home, and was found dead not long after. The family the client had protected for 20 years collapsed in an instant. The client was left to raise her son alone while grieving the loss of her husband, and she came to the law firm Jonjae to seek legal responsibility from the other party to the affair.

2. Key Issues

There were three main issues to dispute in this case. First, the other woman completely denied the infidelity itself, claiming, "It was just a healthy relationship as classmates who listened to each other's family concerns," so the existence of the affair had to be proven with objective evidence. Second, she argued, "Since I loaned the spouse KRW 30 million, if the damages and the loan claim are set off against each other, there is nothing left to compensate." The key was to legally block this setoff argument. Third, she tried to shift blame to the client by saying, "The spouse suffered because of the client's suspicious jealousy and behavior at home," so this absurd claim had to be refuted.

3. Jonjae's Strategy

Lead attorney No Jong-eon developed a strategy that combined objective evidence and legal offense.

First, the infidelity was clearly proven with objective evidence. By submitting black box footage and recorded phone calls, it was shown that the other woman and the spouse had a romantic relationship, including regular sexual relations and exchanging couple rings. In particular, based on a recording in which the other woman admitted during a conversation with the client, "I was the one who asked to meet first," it was proven that the other woman's denial of the affair was false.

Second, the setoff argument was completely blocked by using the disclaimer of inheritance doctrine. This was the most important legal response in the case. Even if the alleged KRW 30 million loan were true, it would be the spouse's debt, not the client's personal debt. Attorney No proved that after the spouse's death, the client filed a disclaimer of inheritance with the court, which was accepted. As a result of the disclaimer of inheritance, the client did not inherit the spouse's debts, and it was established that the other woman's damages claim could not be set off against the spouse's debt.

Third, the client sought an increase in damages by emphasizing the other woman's lack of remorse, including the fact that after the spouse's death she continued to blame the client and went to the mother-in-law's home to slander the client.

4. Results and Recovery

The court accepted Law Firm Jonjae's arguments, recognized the infidelity between the other woman and the spouse, and awarded damages. The other woman's denial of the affair was rejected by objective evidence, and the loan setoff argument was also denied because the client had disclaimed the inheritance.

This case is meaningful not only because the infidelity was proven, but also because a swift legal measure, the disclaimer of inheritance, completely blocked the other party's defense. It was a case in which legal justice was realized for a client who had lost her husband and had to raise her son alone.

If you are wondering how to respond in a similar situation, the outcome may differ depending on the specific facts of the case, so we recommend consulting a professional.

Attorney in charge: Lead Attorney No Jong-eon

For confidentiality protection, some details of this case have been anonymized to the extent that they do not undermine the substance of the matter.

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